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Re: GPL2 + required to have the place to get the recent version



Samuel Henrique dijo [Tue, Nov 12, 2019 at 11:35:12PM +0000]:
> Hello legal,
> 
> So I stumbled upon this rather interesting case of a software licensed by
> GPL2 but with an extra "clause" to it:
> "
> # If you enclose this script or parts of it in your software, it has to
> # be accompanied by the same license (see link) and the place where to get
> # the recent version of this program. Do not violate the license and if
> # you do not agree to all of these terms, do not use it in the first place.
> "
> https://github.com/drwetter/testssl.sh/blob/3b89dc6b0a41299fbf462789998e4c103f4f0210/testssl.sh#L19-L22
> (...)
> My question is regarding DFSG compliance around this, I believe there is
> nothing wrong with
> it, but the fact that upstream expose is as GPL-2 seems a little
> misleading, as it's not plain GPL-2 and I think we should change something
> in d/copyright to address this.

I'm leaving aside the question that has been picked up, regarding
whether this can be made under the GPLv2, or whether this is a
"requirement" or a "polite request"...

The requirement itself seems very similar to the "advertising clause"
in the four-clause BSD license:

    https://lists.debian.org/debian-legal/2004/05/msg00753.html
    https://lists.debian.org/debian-legal/2004/04/msg00325.html
    https://www.gnu.org/licenses/bsd.html

At that point, 4-clause BSD licenses were judged non-DFSG-free.

Greetings,


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